BILL NUMBER: SB 1935	CHAPTERED  09/30/00

	CHAPTER   1000
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 31, 2000
	AMENDED IN SENATE   APRIL 5, 2000

INTRODUCED BY   Senator Costa

                        FEBRUARY 24, 2000

   An act to amend Sections 11734, 15051, 15053, 15054, 15055, 15061,
15062, and 15204 of, and to repeal Section 15052 of, the Food and
Agricultural Code, relating to agriculture, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1935, Costa.  Commercial feed:  licenses.
   Existing law requires each person, except as specified, to obtain
a license from the Secretary of the Department of Food and
Agriculture for each location where commercial feed is manufactured,
distributed, sold, or stored for sale.  Violation of these provisions
is an infraction or a misdemeanor, as specified.
   This bill would, in addition, require persons who do not have a
permanent place of business but who manufacture, distribute, sell, or
store feed to obtain a license from the secretary.  The bill would
eliminate the requirement that licensees have a permanent place of
business.  By expanding the scope of an existing crime, this bill
would impose a state-mandated local program.
   Existing law provides that the license application fee is $50,
that the license renewal fee is $50, and that the penalty for late
renewal of the license is $20.
   This bill would increase those fees to $100, $100, and $40,
respectively.
   Existing law establishes a tonnage tax with a maximum rate of 10
.  E   This bill would increase the maximum tonnage tax rate to 15
.  E   Since these increased fees would be deposited into the
continuously appropriated Food and Agriculture Fund, the increase
would result in an appropriation.
   Existing law requires each licensed structural pest control
operator to notify the county agricultural commissioner prior to
operating a structural pest control business in the county.  Existing
law permits a fee to be required at the time of this notification.
Existing law provides that the board of supervisors may establish
reasonable fees for the registration required for any person to
engage for hire in the business of pest control, as specified.
   This bill would require payment of both of these fees to be due by
a date designated by the county agricultural commissioner.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11734 of the Food and Agricultural Code is
amended to read:
   11734.  The board of supervisors of any county may establish
reasonable fees for the registration required under Section 11732.
Payment of the fee shall be due by the date designated by the
commissioner.  However, registration fees for pest control businesses
licensed pursuant to Section 11704 shall be that amount necessary to
cover the costs of registration, but shall not exceed twenty-five
dollars ($25) per year.
  SEC. 1.5.  Section 15051 of the Food and Agricultural Code is
amended to read:
   15051.  (a) Each person shall obtain a license from the secretary
for each location where commercial feed is manufactured, distributed,
sold, or stored for later sale.  Persons who do not have a permanent
place of business, but who otherwise manufacture, sell, or store
feed shall also obtain a license from the secretary.
   (b) This section also shall apply to a person whenever the person'
s name and address appears on the label of commercial feed as
guarantor.
   (c) The following persons are exempt from this section:
   (1) A person that makes only retail sales of commercial feed which
bear the tag or other approved indication that the commercial feed
is from a licensed manufacturer or guarantor who has assumed full tax
responsibility for the tonnage tax due under this chapter.
   (2) A person who manufactures commercial feed exclusively for
feeding to his or her own animals.
  SEC. 2.  Section 15052 of the Food and Agricultural Code is
repealed.
  SEC. 3.  Section 15053 of the Food and Agricultural Code is amended
to read:
   15053.  Each application for a license shall be accompanied by a
fee of one hundred dollars ($100) for each location for each two-year
period beginning July 1 of each odd-numbered year, or portion of a
two-year period beginning July 1 of each odd-numbered year.
  SEC. 4.  Section 15054 of the Food and Agricultural Code is amended
to read:
   15054.  All licenses shall be renewed on July 1 of each
odd-numbered year and shall be valid until June 30 of the next
odd-numbered year.  Each application for renewal shall be accompanied
by a fee of one hundred dollars ($100) for each location operated.

  SEC. 5.  Section 15055 of the Food and Agricultural Code is amended
to read:
   15055.  If a license is not renewed within one calendar month
following its expiration, a penalty of forty dollars ($40) shall be
added to the fee.
  SEC. 6.  Section 15061 of the Food and Agricultural Code is amended
to read:
   15061.  An inspection tonnage tax at the maximum rate of fifteen
cents ($0.15) per ton of commercial feed sold, except whole grains,
and whole hays when unmixed, shall be paid to the secretary by any
person who distributes commercial feed to a consumer-buyer in this
state.  The distributor shall also pay an inspection tonnage tax for
purchased commercial feed fed to his or her own animals.
   The secretary may, based upon a finding and recommendation of the
Feed Inspection Advisory Board, determine the specific rate necessary
to provide the revenue needed to carry out the provisions of this
chapter.  The secretary and the Feed Inspection Advisory Board shall
not exceed the maximum tonnage rate established by this section.
Setting the tonnage tax rate shall not be subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
  SEC. 7.  Section 15062 of the Food and Agricultural Code is amended
to read:
   15062.  Every person subject to payment of the inspection tonnage
tax shall make reports and payments in the manner prescribed by the
director by regulation.
   If payment is delinquent, a penalty of 15 percent of the amount
past due shall be charged.  For payments more than 12 months
delinquent, an additional penalty of 1 percent per month of the
amount past due shall be charged.  The secretary shall set a penalty
fee, as necessary to cover administrative costs, for any delinquency
in making a report.
  SEC. 8.  Section 15204 of the Food and Agricultural Code is amended
to read:
   15204.  (a) Each licensed structural pest control operator shall
notify the commissioner prior to operating a structural pest control
business in the county.  The notification shall cover a calendar
year, unless a shorter time is specified by the structural pest
control licensee.  A fee may also be required at the time of
notification.  The fee shall be set by the county board of
supervisors, except that in no case shall the fee exceed the actual
cost of processing the notification or ten dollars ($10), whichever
is less.  Payment of the fee shall be due by the date designated by
the commissioner.
   (b) Each notification shall be in a form prescribed by the
director after consulting with the Structural Pest Control Board and
commissioners and shall be limited to the structural pest control
licensee's name and address (including each place of business in the
county), telephone numbers, responsible persons, and the type of pest
control to be conducted.
   (c) Each structural pest control licensee who intends to conduct
fumigation operations may be required to appear in person at the
office of the commissioner to complete notification.
   (d) If ordered by the commissioner, other structural pest control
licensees shall appear in person at the office of the commissioner to
complete notification.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
